, the District and the. Municipal Customer shall select a single independent mediator experienced in the subject matter of the claim within 20 days after the mediation notice. The initial mediation session shall be held within 40 days after the mediation notice. The specific format of the mediation shall be left to the discretion of the mediator and may include the preparation of agreed upon statements of fact or the preparation of written statements of position furnished to the mediator and all other parties to the mediation. If a single mediator is not selected within 20 days after the mediation notice or the claim is not resolved within 90 days after the mediation notice, the Municipal Customer may, but is not obligated to, institute litigation pursuant to Section 16.1.4. Each party shall bring to any mediation session, unless excused from doing so by the mediator, its chief executive officer or designee. In addition, each party may bring counsel and such other persons as needed to contribute to a resolution of the dispute. The mediation process is to be considered a settlement negotiation for the purpose of all state rules protecting disclosures made or documents prepared during such a negotiation from later discovery or use in evidence; provided that evidence otherwise subject to discovery is not excluded from discovery or use in evidence by virtue of having been used in mediation. The costs of the mediator shall be shared equally by the parties to the mediation, except as provided otherwise in Section 16.1.4.3 in the event litigation ensues.
, the District and the. Construction Manager understand and agree that any GMP agreed to under this Project is a one overall Guaranteed Maximum Price and the individual line items are not separate price maximums. The Construction Manager shall be permitted to reallocate the individual line items and to provide an updated Schedule of Values to the Owner that reflects any such reallocation at its sole discretion, provided that it does not exceed the Guaranteed Maximum Price.
